-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, AHrU2gWXnW49g33lyOl337f3VITxHr9Uyb0iNA7Vvukg/+MI2yxypSbUZxXEP530 hT2gvdyMCikvPMRKHAd5sg== 0000070145-96-000064.txt : 19960830 0000070145-96-000064.hdr.sgml : 19960830 ACCESSION NUMBER: 0000070145-96-000064 CONFORMED SUBMISSION TYPE: U-1/A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 19960829 SROS: NYSE FILER: COMPANY DATA: COMPANY CONFORMED NAME: NATIONAL FUEL GAS CO CENTRAL INDEX KEY: 0000070145 STANDARD INDUSTRIAL CLASSIFICATION: NATURAL GAS DISTRIBUTION [4924] IRS NUMBER: 131086010 STATE OF INCORPORATION: NJ FISCAL YEAR END: 0930 FILING VALUES: FORM TYPE: U-1/A SEC ACT: 1935 Act SEC FILE NUMBER: 070-08655 FILM NUMBER: 96622896 BUSINESS ADDRESS: STREET 1: 10 LAFAYETTE SQ CITY: BUFFALO STATE: NY ZIP: 14203 BUSINESS PHONE: 7168576980 MAIL ADDRESS: STREET 1: 10 LAFAYETTE SQ STREET 2: 10 LAFAYETTE SQ CITY: BUFFALO STATE: NY ZIP: 14203 U-1/A 1 File No. 70-8655 SECURITIES AND EXCHANGE COMMISSION Washington, D.C. __________________________________________ FORM U-1 POST-EFFECTIVE AMENDMENT NO. 1 TO APPLICATION-DECLARATION UNDER THE PUBLIC UTILITY HOLDING COMPANY ACT OF 1935 __________________________________________ Names of Companies filing this statement and addresses of principal executive offices: National Fuel Gas Company 10 Lafayette Square Buffalo, New York 14203 Leidy Hub, Inc. 10 Lafayette Square Buffalo, New York 14203 Name of Top Registered Holding Company: NATIONAL FUEL GAS COMPANY Name and Addresses of Agents for Service: Walter E. DeForest, President Anna Marie Cellino, Secretary Leidy Hub, Inc. National Fuel Gas Company 10 Lafayette Square 10 Lafayette Square Buffalo, New York 14203 Buffalo, New York 14203 It is respectfully requested that the Commission send copies of all notices, orders, and communications to: James R. Peterson, Esq. Suite 1500 10 Lafayette Square Buffalo, New York 14203 Item 1. Amended to Add the Following: In addition to the various transactions described in the original U-1 filing, approved by the Commission in Release No. 35-26365, dated August 31, 1995, National Fuel Gas Company ("NFG") and Leidy Hub, Inc. ("Leidy") respectfully request the Commission's approval and/or authorization to extend interest-bearing loans through Leidy to its subsidiary, Enerchange, L.L.C. ("Enerchange") at negotiated rates up to a maximum of $50 million in outstanding loans for a term of ten years. Under the terms of the Application-Declaration and the Release of August 31, 1995, NFG, through Leidy, was authorized to acquire a 14.5% interest in Enerchange. In addition, Leidy was further authorized to make loans to Enerchange to compensate for a defaulting member's failure to make required capital contributions, as contemplated by the Limited Liability Company Agreement. The amounts of such potential loans would be based on the ratio of Leidy's 14.5% interest to the interests of the other non-defaulting members of Enerchange. Leidy now requests authorization to extend interest-bearing loans to Enerchange in circumstances other than those mentioned in the original Application-Declaration. These loans would be at rates and terms negotiated and agreed upon between Leidy and Enerchange, just like loans from the other owners to Enerchange. The proposed transactions would allow Enerchange to borrow money at desirable interest rates with maximum flexibility of terms. Rule 45 (17 C.F.R. Section 250.45) already authorizes Leidy to make interest-free loans to Enerchange without limitation. Applicants seek only the comparable authority for interest bearing loans. Loans between Leidy and Enerchange would have a de minimis effect on the capital structure of the National Fuel Holding Company System (the "System"). Leidy would not be obligated to make loans at any rate it considers undesirable. Furthermore, the proposed transactions would not be detrimental to the public interest, ratepayers, investors, consumers, or the proper functioning of the System. There is no danger of the System exercising excessive control over Enerchange. The System's interest in and influence of Enerchange is restricted by its allocable share of 14.5%, which is Leidy's effective voting power in Enerchange. SIGNATURES Pursuant to the requirements of the Public Utility Holding Company Act of 1935, the undersigned companies have duly caused this Amendment to be signed on their behalf by the undersigned thereunto duly authorized. Dated: August 29, 1996 NATIONAL FUEL GAS COMPANY By /s/ Anna Marie Cellino Anna Marie Cellino Secretary LEIDY HUB, INC. By /s/ Walter E. DeForest Walter E. DeForest President -----END PRIVACY-ENHANCED MESSAGE-----